Amazing story- getting an older PD with certified LC, not I-140

G

GCin-waitng

Registered Users (C)
No one's going to believe this. Having said that at the outset, let me tell you what happened. A little sad that my I-485 would not get approved as I had joined the ranks of the retrogressed, I was chatting with my friendly Texas PP customer service rep, and told him I had a certified LC with a PD of 2004.

He told me to fax it to him, so I said, don't I need to have an approved I-140 with the previous LC, to get an older PD?

He says, just send me a fax with the copy of the older certified LC. So I did. Well, lo and behold I get a note from my lawyer..saying, " I don't know what you did, I have recieved a new I-140 approval with a 2004 PD" This is nothing short of amazing!!

Does anyone know if this has happened before? :confused:
 
GCin-waitng said:
No one's going to believe this. Having said that at the outset, let me tell you what happened. A little sad that my I-485 would not get approved as I had joined the ranks of the retrogressed, I was chatting with my friendly Texas PP customer service rep, and told him I had a certified LC with a PD of 2004.

He told me to fax it to him, so I said, don't I need to have an approved I-140 with the previous LC, to get an older PD?

He says, just send me a fax with the copy of the older certified LC. So I did. Well, lo and behold I get a note from my lawyer..saying, " I don't know what you did, I have recieved a new I-140 approval with a 2004 PD" This is nothing short of amazing!!

Does anyone know if this has happened before? :confused:
Click to expand...

This is really amazing !! So, you have not switched employers; Just used an earlier EB2 PD LC to get a another I-140. Correct ?
 
Yes, new I-140 without "applying" for it

My I-140 was earlier approved last month and the Schedule A has retrogressed this month. So I was thinking of filing another I-140 using my older approved labor to take advantage of its PD. But here I am with a revised Scheddule A I-140 with a revised PD-- all because I had faxed the certified LC to Texas PP.
Saved lawyer fees and filing fees for the second I-140. :)


indio0617 said:
This is really amazing !! So, you have not switched employers; Just used an earlier EB2 PD LC to get a another I-140. Correct ?
Click to expand...
 
Unbelievable

This is really too good to be true. They sent you anohter 140 without applying. This is really unbelievable and strange too.


GCin-waitng said:
My I-140 was earlier approved last month and the Schedule A has retrogressed this month. So I was thinking of filing another I-140 using my older approved labor to take advantage of its PD. But here I am with a revised Scheddule A I-140 with a revised PD-- all because I had faxed the certified LC to Texas PP.
Saved lawyer fees and filing fees for the second I-140. :)
Click to expand...
 
Priority date confusion and "affirmative misconduct"

I-140 priority date confusion and "affirmative misconduct"

--------------------------------------------------------------------------------

I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).


My lawyer says we will not win and does not want to do it. Any advice?


GCin-waitng said:
No one's going to believe this. Having said that at the outset, let me tell you what happened. A little sad that my I-485 would not get approved as I had joined the ranks of the retrogressed, I was chatting with my friendly Texas PP customer service rep, and told him I had a certified LC with a PD of 2004.

He told me to fax it to him, so I said, don't I need to have an approved I-140 with the previous LC, to get an older PD?

He says, just send me a fax with the copy of the older certified LC. So I did. Well, lo and behold I get a note from my lawyer..saying, " I don't know what you did, I have recieved a new I-140 approval with a 2004 PD" This is nothing short of amazing!!

Does anyone know if this has happened before? :confused:
Click to expand...
 
You must log in or register to reply here.
Top